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HomeMy WebLinkAbout11/1/2022 Item 7c, Aggson - Staff Agenda CorrespondenceCity of San Luis Obispo, Council Memorandum City of San Luis Obispo Council Agenda Correspondence DATE: TO: FROM: VIA: PREPARED BY: SUBJECT: November 1, 2022 City Council Keith Aggson, Fire Chief Derek Johnson, City Manager Keith Aggson, Fire Chief ITEM 7c - INTRODUCE AN ORDINANCE TO ADOPT BY REFERENCE THE 2022 CALIFORNIA BUILDING AND FIRE CODES WITH LOCAL AMENDMENTS. This memorandum provides information to the upcoming November 1, 2022, City Council meeting in response to the requested authority for the Fire Chief to designate certain areas that present high fire risks. The Fire Department is responsible for wildfire response, management, and mitigation in the City. Efforts to reduce the risk and impacts of wildfires in City open spaces and the wildland urban interface have included implementation of the Wildland Urban Interface building codes, Community Wildfire Protection Plan, and the Open Space Vegetation Management Plan. The Department has also advanced overall preparedness through staff training, pre-attack mapping, evacuation planning, community preparedness (Ready-Set-Go) and community recovery planning. In 2021, the Department responded and extinguished 51 illegal fires in open space and creek areas of the City secondary to human activity. Due to the effects of climate change, including increased temperatures, and a prolonged drought, human activity in these areas contribute and exacerbate the risk of wildfire. Fuel reduction efforts remain a priority and are presently underway, however the human element of ignition source remains a principal concern for the Fire Department. Staff has researched a variety of options for reducing ignition of wildland areas within the City, particularly City open space and creeks. The addition of Section 305.6 to the local fire code amendments was placed in Section 305 (Ignition Sources) (Attachment A) as a tool to minimize unwanted ignition of wildland areas within the City. The language is taken directly from the California Public Resources Code 4251-4257 which gives the Director of Cal Fire the authority to declare wildland areas as hazardous fire areas where fuel or climatic conditions warrant the limitation of human activity where an errant ignition source can ignite a wildland conflagration. The addition to this language into the local fire code will grant the Fire Chief the same authority in the City that the Cal Item 7c – Introduce an Ordinance to Adopt 2022 CA Building and Fire Codes Page 2 Fire Director has in State Responsibility Areas. The added language requires the consent of the landowner, whether that be private ownership or public lands. The amendment also addresses enforcement by state, county, or local law enforcement. The code language will provide for posting of areas to prohibit access and/or close when high fire conditions warrant. We recommend adoption of this language as written. Attachment: A – CFC 305 Section GENERAL REQUIREMENTS 3-6 2022 CALIFORNIA FIRE CODE (0.76 m3)] or more shall not be stored in buildings or placed within 5 feet (1524 mm) of combustible walls, openings or combustible roof eave lines unless the dump- sters are constructed of noncombustible materials or of combustible materials with a peak rate of heat release not exceeding 300 kW/m2 where tested in accordance with ASTM E1354 at an incident heat flux of 50 kW/m2 in the horizontal orientation. Exceptions: 1. Dumpsters in areas protected by an approved automatic sprinkler system installed throughout in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3. 2. Storage in a structure shall not be prohibited where the structure is of Type I or IIA construc- tion, located not less than 10 feet (3048 mm) from other buildings and used exclusively for dumpster or container storage. SECTION 305 IGNITION SOURCES 305.1 Clearance from ignition sources. Clearance between ignition sources, such as luminaires, heaters, flame-producing devices and combustible materials, shall be maintained in an approved manner. 305.2 Hot ashes and spontaneous ignition sources. Hot ashes, cinders, smoldering coals or greasy or oily materials subject to spontaneous ignition shall not be deposited in a combustible receptacle, within 10 feet (3048 mm) of other combustible material including combustible walls and parti- tions or within 2 feet (610 mm) of openings to buildings. Exception: The minimum required separation distance to other combustible materials shall be 2 feet (610 mm) where the material is deposited in a covered, noncombusti- ble receptacle placed on a noncombustible floor, ground surface or stand. 305.3 Open-flame warning devices. Open-flame warning devices shall not be used along an excavation, road, or any place where the dislodgment of such device might permit the device to roll, fall or slide on to any area or land containing combustible material. 305.4 Deliberate or negligent burning. It shall be unlawful to deliberately or through negligence set fire to or cause the burning of combustible material in such a manner as to endanger the safety of persons or property. 305.5 Unwanted fire ignitions. Acts or processes that have caused repeated ignition of unwanted fires shall be modified to prevent future ignition. SECTION 306 MOTION PICTURE PROJECTION ROOMS AND FILM 306.1 Motion picture projection rooms. Electric arc, xenon or other light source projection equipment that develops hazardous gases, dust or radiation and the projection of ribbon-type cellulose nitrate film, regardless of the light source used in projection, shall be operated within a motion picture projection room complying with Section 409 of the California Building Code. 306.2 Cellulose nitrate film storage. Storage of cellulose nitrate film shall be in accordance with NFPA 40. SECTION 307 OPEN BURNING, RECREATIONAL FIRES AND PORTABLE OUTDOOR FIREPLACES 307.1 General. A person shall not kindle or maintain or authorize to be kindled or maintained any open burning unless conducted and approved in accordance with Sections 307.1.1 through 307.5. 307.1.1 Prohibited open burning. Open burning shall be prohibited when atmospheric conditions or local circum- stances make such fires hazardous. Exception: Prescribed burning for the purpose of reducing the impact of wildland fire when authorized by the fire code official. 307.2 Permit required. A permit shall be obtained from the fire code official in accordance with Section 105.5 prior to kindling a fire for recognized silvicultural or range or wildlife management practices, prevention or control of disease or pests, or a bonfire. Application for such approval shall only be presented by and permits issued to the owner of the land on which the fire is to be kindled. 307.2.1 Authorization. Where required by state or local law or regulations, open burning shall only be permitted with prior approval from the state or local air and water quality management authority, provided that all conditions specified in the authorization are followed. 307.3 Extinguishment authority. Where open burning creates or adds to a hazardous situation, or a required permit for open burning has not been obtained, the fire code official is authorized to order the extinguishment of the open burning operation. 307.4 Location. The location for open burning shall be not less than 50 feet (15 240 mm) from any structure, and provi- sions shall be made to prevent the fire from spreading to within 50 feet (15 240 mm) of any structure. Exceptions: 1. Fires in approved containers that are not less than 15 feet (4572 mm) from a structure. 2. The minimum required distance from a structure shall be 25 feet (7620 mm) where the pile size is 3 feet (914 mm) or less in diameter and 2 feet (610 mm) or less in height. 307.4.1 Bonfires. A bonfire shall not be conducted within 50 feet (15 240 mm) of a structure or combustible material unless the fire is contained in a barbecue pit. Conditions that could cause a fire to spread within 50 feet (15 240 mm) of a structure shall be eliminated prior to ignition. 307.4.2 Recreational fires. Recreational fires shall not be conducted within 25 feet (7620 mm) of a structure or Copyright © 2022 ICC. ALL RIGHTS RESERVED. Accessed by Michael Loew (mloew@slocity.org), (City of San Luis Obispo) Order Number #101320467 on Jul 01, 2022 03:06 PM (PDT) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 101320467